Can I Leave
My Current Employer and Transfer My H-1B to Another Employer

Dr. William:

I got my H-1B job position when I
was in my home country. After I came to U.S. to work for this employer, I found
that I was not paid the wage under the
requirements of the H-1B Labor Condition Application.

Can I leave my current employer and
transfer my H-1B to another employer, if I can find a new job?

Answer:

As a H-1B
employee, you should be paid the wage listed
in the H1B Labor Condition Application. You
can leave the current H-1B employer. But
to qualify for a H1B transfer in this case,
you should keep recent pay stubs, it may help you to establish that you have
been maintaining valid H-1B status.

If you have not maintained
a valid H-1B status, it may not be possible to obtain an H-1B extension of
status within the U.S. However, it does not prevent you from obtaining an H-1B
petition approval through a new employer and regaining valid legal H-1B status
by traveling abroad, and reentering U.S. on a new I-94 card.